In re Hernandez

Full title: IN RE: HUGO HERNANDEZ

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Jan 5, 2009

No. 13-08-00687-CR (Tex. App. Jan. 5, 2009)

Opinion

No. 13-08-00687-CR

Memorandum Opinion delivered and filed January 5, 2009. DO NOT PUBLISH. See Tex. R. App. P. 47.2(b).

On Petition for Writ of Mandamus.

Before Chief Justice VALDEZ and Justices YAÑEZ and BENAVIDES.

MEMORANDUM OPINION

PER CURIAM.[fn1] [fn1] See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

Relator, Hugo Hernandez, pro se, filed a petition for writ of mandamus in the above cause on December 2, 2008. On December 4, 2008, the Court entered an order requesting a response to be filed by the real party in interest, the State of Texas, by and through the Office of the Cameron County District Attorney. The real party in interest has now filed a motion to strike relator's petition for writ of mandamus on grounds that relator failed to serve either the real party in interest or the respondent with copies of the petition for writ of mandamus as required by the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.5(a) (requiring party filing any document in court of appeals to serve copy of such document on all parties to proceeding). Because relator failed to comply with the requirements of the applicable rules of procedure, he has not established entitlement to the extraordinary relief sought. We GRANT the motion to strike. We DISMISS this original proceeding without prejudice to relator's ability to further pursue this matter in accordance with the Texas rules of Appellate Procedure. See generally id. 9.5, 52. Any pending motions are likewise DISMISSED.